General Terms and Conditions (AGB)
Status: 23.09.2020
General Terms and Conditions (hereinafter referred to as 'AGB') of the website Dieonlinemagazine.de (hereinafter referred to as 'DOM'; DOM includes the online magazines Zerspanungstechnik.de and Fertigungstechnik.de; the AGB is valid for all three websites), Frank Dietsche, Jägerhäusleweg 38, 79104 Freiburg, Germany
§1 General – Scope and Modification of the AGB and Prices
1.1 The following AGB apply to all business relationships between DOM and users who are entrepreneurs (hereinafter referred to as 'Customer') who place paid advertising orders or otherwise use paid services (hereinafter collectively referred to as 'Services') on the websites Dieonlinemagazine.de, Zerspanungstechnik.de, and Fertigungstechnik.de.
1.2 DOM provides all Services exclusively based on these AGB. General terms and conditions of the Customer shall not become part of the contract without the express written consent of DOM, even if DOM provides its Services without reservation while being aware of these conditions.
1.3 The Customer is obliged to inform DOM of their current email address and any changes related to it within the framework of the business relationship. DOM is entitled to send all necessary information or notifications to the Customer's current email address.
1.4 DOM is entitled to change or supplement the AGB, including the service and price list. Changes or supplements to the AGB, including a change to the service and price list, will be offered to the Customer in text form no later than two months before the proposed effective date. The Customer's consent is deemed granted if they do not express their rejection in writing or in text form before the proposed effective date of the changes or supplements, whereby timely dispatch of the declaration is sufficient to meet the deadline. DOM will specifically point out this approval effect when notifying the Customer of the changes or supplements.
1.5 If the Customer is informed of price changes affecting their contract with DOM, they may terminate the contract with DOM free of charge and without notice before the proposed effective date of the price change(s), unless the change is solely due to a change in value-added tax. DOM will specifically point out this right of termination when notifying the Customer of the price changes.
§2 Conclusion of the Contract
2.1 The offers from DOM are non-binding and subject to change. By commissioning DOM, the Customer makes a binding offer, which they are bound to for a period of 2 weeks from receipt by DOM. The Customer can submit orders for services to DOM in any form (e.g., by email, telephone, or in writing), unless DOM specifies a particular form of transmission.
2.2 A contract is concluded upon confirmation of the order by DOM. The confirmation can be declared to the Customer in any form. Exceptionally, confirmation can also occur through the provision of the ordered service or by sending an invoice. Unless expressly agreed otherwise, the contract is governed by the service and price list of DOM valid at the time of order placement. DOM is entitled to make acceptance of the contract dependent on an advance payment by the Customer.
2.3 DOM is entitled to refuse orders in its own interest. This applies particularly in the case of advertising orders if DOM believes that the content of the advertisement violates a legal or regulatory provision or has been objected to by the German Press or Advertising Council, or if the publication in technical form is not feasible or reasonable for DOM. DOM will inform the Customer of the rejection of the order as soon as it becomes aware of the reason for rejection.
2.4 If DOM uses third parties to provide the offered services, these will not become contractual partners of the Customer unless DOM expressly points this out.
§3 General Obligations and Services of DOM
3.1 The scope of services of the individual services offered by DOM is determined by the service description applicable at the time of ordering.
3.2 DOM guarantees an availability of the websites Dieonlinemagazine.de, Zerspanungstechnik.de, and Fertigungstechnik.de of 97% on an annual average. DOM expressly points out that there may be impairments of the services to be provided by DOM that are beyond its control, such as force majeure, disruptions caused by third parties, or missing technical requirements or technical impairments on the part of the Customer. Such impairments will be disregarded concerning the contractual conformity of the services provided by DOM.
3.3 For reasons of security, maintenance, interoperability, elimination of disruptions, and maintenance of the services, DOM is entitled to temporarily suspend or restrict services. As far as technically possible and feasible, DOM will consider the interests of the customers and carry out maintenance work, especially during low usage times. In the event of prolonged disruptions or maintenance work, DOM will inform the Customer if such information is possible and meaningful.
3.4 DOM is entitled at any time to expand the offered services in the interest of the Customer, to adapt or improve them to technical progress, provided that no additional fee is charged for this. However, the Customer does not have a claim for fulfillment in this regard for the future. The Customer is only entitled to additional services from DOM if these are expressly agreed upon in the contract.
§4 General Obligations and Duties of the Customer
4.1 The Customer will provide all data, files, data carriers, and other materials sent to DOM (hereinafter collectively referred to as 'Contents') free of viruses and errors. The same applies to the contents that the Customer can independently post on the website in their customer area. If the contents originating from the Customer contain a computer virus or other malware, DOM is entitled to delete the contents immediately without prior notification to the Customer. In the event of corresponding damages, DOM reserves the right to claim damages against the Customer.
4.2 The Customer is solely responsible for the completeness of the transmitted or posted contents. The Customer will only use the digital formats for the contents specified by DOM. If deadlines are specified for the placement of an advertisement or other content, the Customer will provide DOM with the respective contents in a timely manner.
4.3 Designs or sample copies of advertising materials are only sent by DOM before being published on the websites Zerspanungstechnik.de or Fertigungstechnik.de at the express request of the customer. If DOM makes changes to advertising materials or other content provided by the customer for technical reasons, DOM will inform the customer about this. If the customer does not agree with this change, they must inform DOM within 1 week of receipt and provide the advertising materials or other content in another suitable digital format. Simple technical changes that do not constitute a change to the advertising material from the user's perspective may be made by DOM without prior notification to the customer.
4.4 The customer is solely responsible for the permanent storage of the content. DOM is entitled to delete advertising materials sent by the customer 2 months after the completion of the order.
4.5 The customer is obliged to use only software and hardware that do not endanger or impair the security, integrity, or availability of the services. If this requires corresponding security programs or updates on the part of the customer, the customer will obtain and implement these immediately.
4.6 The customer is obliged to provide all data necessary for the administration and use of the services correctly and completely and to inform DOM immediately of any changes to this data. This particularly applies to the provision or change of the name, address, telephone number, and email address.
4.7 The customer is obliged to treat passwords and other access data carefully and confidentially, especially to keep them secret from other persons when using personally managed services such as the 'Company News' section. The customer is liable for any unauthorized or abusive use of their access data by third parties if they are responsible for this. If the customer suspects that their access data has been disclosed to a third party without authorization, they will immediately change the password and inform DOM about the incident.
§5 Granting of rights and liability for content
5.1 The customer is responsible for the content sent or posted and its legal admissibility. The customer assures that they possess all rights necessary for the publication and distribution of the content and are entitled to dispose of them. The customer grants DOM all rights for the publication, distribution, and use of the content as far as necessary for the use of the offered services. In particular, the customer grants DOM all necessary copyright usage and performance protection rights, especially the right to edit, reproduce, distribute, publicly display, and make publicly accessible. All the aforementioned rights are granted to DOM without geographical or temporal limitation.
5.2 If DOM must exceptionally observe certain moral rights of authors, particularly the right to a specific attribution of authorship, the customer will explicitly and separately inform DOM about this.
5.3 The customer assures that the content they have sent or posted does not infringe the rights of third parties, especially no copyright, personality, or industrial property rights of third parties, nor does it violate other legal regulations, particularly competition, data protection, or consumer protection regulations. The customer shall indemnify DOM against all claims by third parties that these may assert against DOM due to the aforementioned violations. The indemnification also covers the necessary costs for legal defense. DOM is not obliged to conduct a prior review of the content in this regard. The customer will support DOM in the legal defense.
5.4 If DOM is obliged to publish and distribute a counter-statement or correction due to an out-of-court claim or a court decision based on content sent or posted by the customer, the responsible customer shall reimburse this publication according to DOM's valid service and price list.
§6 Warranty
6.1 No warranty is provided for the specific placement of an advertising material on the websites Zerspanungstechnik.de or Fertigungstechnik.de unless such placement has been expressly agreed upon between DOM and the customer.
6.2 To the extent that DOM has communicated the number of users, accesses, or other statistical data regarding the use of the websites Zerspanungstechnik.de or Fertigungstechnik.de to the customer before or during the order, this does not guarantee any statistical data for the future, particularly the duration of the order.
6.3 The customer must immediately notify DOM of any defects in advertising materials or other content (e.g., posted job advertisements), but no later than 2 weeks after becoming aware of them. If the defect lies within the customer's area of responsibility, the customer is only entitled to future error-free placement within the agreed contract duration. DOM is not obliged to review the content provided by the customer. DOM will point out obvious technical defects in the content. If the defect, however, lies within DOM's area of responsibility, the customer can demand a faultless replacement placement (subsequent performance) for the duration of the defect, but only to the extent that the purpose of the advertising material or other content has been impaired. If subsequent performance is unreasonable or impossible for the customer, or if DOM refuses subsequent performance or allows the reasonable period set by the customer to elapse, the customer is entitled to withdraw from the contract or to claim a reduction in payment to the extent that the purpose of the advertising material or other content has been impaired.
6.4 If the customer is an entrepreneur, the aforementioned warranty claims expire 1 year after the publication of the advertising material or other content.
§7 Payment terms and payment default
7.1 The current prices for the services offered by DOM can be found in the respective valid service and price list of DOM. However, only the fee specified in the order confirmation is decisive for the individual contract, provided such confirmation is made. All prices and fees stated already include value-added tax. DOM is entitled to change the prices according to § 1 item 1.5 of these terms and conditions.
7.2 The fees for the respective contract duration are due in full at the beginning of the contract duration. The customer will receive an invoice for this. Non-binding cost overviews that are marked as such are not invoices. Invoicing is usually done electronically in the form of a PDF document and will be sent to the email address provided by the customer. A postal delivery of the invoice in paper form will only take place at the express request of the customer.
7.3 Payment of the fees is usually made by direct debit, for which the customer grants DOM a revocable direct debit authorization. The direct debit authorization also applies to new bank details provided by the customer. For customers from abroad, a separate contractual agreement will be made regarding the payment of fees.
7.4 If the customer DOM has granted a direct debit authorization and the collection of the direct debit fails due to circumstances attributable to the customer, DOM is entitled to receive a processing fee of €5.00 from the customer for the failed direct debit.
7.5 In the event of payment default, DOM is entitled to demand default interest from the customer at the legally stipulated rate. If the customer falls into default with the payment of due fees in a significant amount, DOM is entitled, until full payment of these fees is made, to temporarily suspend its contractual services and in particular to suspend the placement of advertising materials. In this case, the customer remains obligated to pay the contractually agreed fee. DOM reserves the right to assert further rights, in particular the right to extraordinary termination without notice due to payment default.
§8 Contract Duration and Termination
8.1 The contract durations for the services offered by DOM can be found in the current service and price list of DOM. However, the contract duration specified in the order confirmation is solely decisive for the individual contract, provided such a confirmation is issued.
8.2 An annual contract for the placement of an advertisement or other content will automatically renew for an additional year as long as neither party terminates the contract with a notice period of 1 month before the end of the agreed contract term. No reasons need to be provided for the aforementioned termination. The compliance with the notice period is solely determined by the time the termination is received by the other party.
8.3 The aforementioned terminations shall not affect the right of both parties to extraordinary termination for good cause without notice. A good cause for extraordinary termination by DOM is particularly present if
a) an insolvency proceeding is applied for, opened, or the opening is rejected due to lack of assets;
b) the customer is in default with the payment of due fees in a considerable amount;
c) the customer culpably violates a significant contractual obligation and, despite a warning from DOM, does not remedy the situation within a reasonable period.
8.4 Any termination of the contract must be made in writing or by fax, each with a signature, in order to be effective.
§9 Data Collection and Data Protection
9.1 DOM collects, processes, and uses customer data only within the framework of the legal data protection regulations. Personal data of the customer is only collected, processed, and used to the extent that this data is necessary for the establishment,
The implementation or modification of the contractual relationship is necessary. Additionally, reference is made to the privacy policy available on the website www.Dieonlinemagazine.de.
9.2 DOM is entitled to engage third parties for the fulfillment and settlement of contractual services and to transmit the necessary data to these third parties for this purpose, while complying with the legal data protection regulations.
9.3 The customer has the right to information as well as the right to correction, blocking, and deletion of their stored data. If there are legal or contractual retention obligations or other legal reasons that oppose deletion, the data will be blocked.
§10 Liability of DOM
10.1 DOM is only liable for damages to the customer if (a) DOM or one of its vicarious agents violates a significant contractual obligation (so-called cardinal obligation) in a manner that jeopardizes the purpose of the contract, or (b) the damage is attributable to intentional or grossly negligent behavior of DOM or one of its vicarious agents.
10.2 Insofar as DOM or one of its agents has not intentionally or grossly negligently breached a material contractual obligation, liability is limited to the typical contractual damage that was reasonably foreseeable for DOM at the time of the conclusion of the contract.
10.3 The liability of DOM for damages arising from injury to life, body, and/or health, due to guaranteed characteristics, in the case of liability under the Product Liability Act, or based on other mandatory legal regulations remains unaffected by the aforementioned exclusions and limitations of liability.
§11 Right of set-off and retention, delay in performance, reimbursement
11.1 The customer may only offset claims against DOM with undisputed or legally established claims. The customer is only entitled to assert a right of retention due to counterclaims arising from the same contract. The customer's rights under the contract may not be assigned to third parties without the consent of DOM.
11.2 In the event of delays in the services commissioned due to force majeure and due to events that significantly hinder or make it impossible for DOM to provide the services – particularly strikes, lockouts, official orders, failures of communication networks and gateways of other operators, disruptions in the area of monopoly services of the German Federal Post, Telekom, etc. – DOM shall not be held responsible for the binding deadlines and dates agreed upon. They entitle DOM to postpone the provision of services for the duration of the hindrance, plus a reasonable start-up time.
11.3 If a significant impairment lasts longer than two weeks, the customer is entitled to reduce the annually agreed fees and charges from the time of occurrence until the impairment is resolved. A significant impairment is particularly present if the customer can no longer access or use the services listed in the order confirmation, if the use of individual services listed in the order confirmation becomes impossible, if the placement of commissioned advertising materials fails, or if comparable restrictions occur.
11.4 In the event of service outages due to disruptions outside the control of DOM, no refunds of fees will be issued.
§12 Final provisions
12.1 Side agreements, amendments, and additions to this contract require written form to be effective, unless the contract was concluded with a consumer.
12.2 Should individual provisions of this agreement be or become ineffective, or should a necessary regulation be absent, the effectiveness of the remaining provisions of this agreement shall not be affected. Instead of the wholly or partially ineffective provision or to fill the regulatory gap, a legally permissible regulation shall apply that corresponds as closely as possible to what the parties would have agreed upon in terms of the meaning and purpose of this contract and to achieve the same economic result, had they recognized the ineffectiveness or the regulatory gap.
12.3 Insofar as the customer is a merchant, a commercial company, a legal entity under public law, or a public law special fund, or in the event that the customer, who is not a consumer, does not have his general place of jurisdiction in the country, Freiburg (Germany) is agreed as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract.
12.4 This contract is governed by the law of the Federal Republic of Germany, excluding the UN Sales Convention (CISG).
END